Skip to main content
Loading…
This section is included in your selections.

(a) After summoning jurors and before trial, or at a time designated by the Court, the Clerk shall notify the Court and counsel of the names of the members of the jury pool appearing for selection. In selecting a jury from among the panel members, the initial questioning of the jurors shall be conducted by the judge in order to determine whether each prospective juror is capable of being fair and impartial. Questions to be asked by the Court include whether a panel member:

(1) Is directly related to any person involved in the action, including, but not limited to, the parties, counsel, alleged victims, or any prospective witness;

(2) Is or has been involved in any business, financial, professional, or personal relationship with any party involved in the action, or alleged victim;

(3) Has had any previous involvement in a civil or criminal lawsuit or dispute with a party or alleged victim;

(4) Has a financial or personal interest in the outcome of the action before the Court; or

(5) Has formed an opinion as to the defendant’s guilt.

(b) When the Court determines that a juror is prejudiced or cannot act impartially, the juror shall be excused. After questioning by the judge, both parties may question the jurors using the struck jury system. Either party may question the jurors concerning the nature of the action, including burden of proof in criminal cases and the presumption of innocence. The judge may limit examination of jurors when the judge believes such examination to be improper or unacceptably time consuming.

(c) The judges of the Court shall have the power to issue subpoenas, through regular mail, to compel the attendance of members of the jury panel and of trial jurors. Subpoenas shall be signed by the judge issuing them.

(d) The judge assigned to the case shall have the power to excuse persons from jury duty on account of sickness, disability or other good cause.

(e) The judge assigned to the case shall have the power to excuse any or all jurors from duty at any point during the trial should evidence be discovered that a juror(s) is prejudicial or has been tainted by communications outside of Court hearings.

(f) In the event there is a shortage of jurors, the Court may call upon anyone eligible to serve as a juror in the case without giving any advance notice.

(g) Each party may question members of the panel of prospective jurors for the purpose of selecting a trial jury and shall permit each defendant to exercise two peremptory challenges.

(h) Every person who is required to attend court for selection or service as a juror shall be entitled to fees beginning on the second and all subsequent days after. The Yurok Tribe will pay $15.00 per day plus the federal mileage rate per mile one way from home.

(i) The judge shall instruct the jury with regard to the applicable law and the jury shall decide all questions of fact on the basis of that law. At the close of evidence or at such earlier time during the trial as the judge directs, any party may file with the judge written instructions on the law which the party requests the judge to deliver orally to the jury. At the same time copies of such requests shall be furnished to the opposing party. The judge shall inform each party of his/her proposed action upon each request prior to the arguments to the jury, but the judge shall deliver his/her instructions to the jury after arguments are completed. No party may assign as error any portion of the judge’s charge or any omission unless he/she makes his/her objection and reasons for it before the jury retires to consider its verdict. Opportunity shall be given to make the objection out of the hearing of the jury.

(j) Upon request by either party, the Court may allow the jury to view any place or property deemed pertinent to the just determination of the case. If viewing of a place or property is deemed appropriate, the Court shall place the jury under the custody of the Bailiff, or other proper officer of the Court, who shall then transport the jury to the viewing place.

(k) The place or property will be shown to the jury by a person appointed by the Court for that purpose, and the jurors may personally inspect the same. The Bailiff, or other proper officer of the Court, must ensure that no person speaks or otherwise communicates with the jury, on any subject connected with the trial, while viewing the place or property or traveling to or from the viewing site. After the jury has viewed the place or property, the Bailiff, or other proper officer of the Court, shall return the jurors to the courtroom without unnecessary delay or at a specified time, as directed by the Court. [Ord. 81, amended, 1/6/2023; Ord. 63, adopted, 12/6/2019.]